PRABHU DAYAL TIWARI Vs. LAKHAN SINGH

JUDGEMENT

(1.) In this case counter and rejoinder affidavits were filed by the parties. As desired by the learned counsel for the parties, case was heard and is being decided finally at this stage.

(2.) The instant revision arises out of the proceedings under S. 92, C.P.C. and is directed against the judgment and order passed by the District Judge, Jhansi, dated 4-12-1992, granting permission to the contesting respondents to institute a suit under S. 92. C.P.C. with respect to the temple, known as, Sri Kalyan Rai Ji Virajman Mandir, Madhopura, village Bhasneh, Pargana Garautha, district Jhansi, for short 'property in dispute'. The opposite parties filed an application under S. 92, C.P.C. praying for granting permission to file the suit for constitution of a trust committee and to frame a scheme of administration for managing the trust property. It was claimed that the said property was a public trust, which was being mismanaged, therefore, it was necessary to frame a scheme of administration for proper administration of the trust property. On receipt of the notices from the Court of the District Judge, applicants filed their objection pleading that the trust in question was not a public trust, that it was an ancestral and personal temple established by Bhagwan Das appointed Mahant Ram Das Chela as Manager/Sarvarkar of the properties of the temple. He also executed a registered will dated 6-9-1983 in favour of Chela Prabhu Dayal. It was contended that the application filed under S. 92, C.P.C. , therefore, was liable to be dismissed.

(3.) It is evident from the material on record that the suit, for the above mentioned relief, was filed and simultaneously application under S. 92, C.P.C., was also filed. The applicants are alleged to have filed voluminous documentary evidence in support of their case. The Court below, thereafter, passed the following order :4-12-1999 Case called out. The parties counsels are present.3-A is an application for permission under S. 92, C.P.C. to file the suit in respect of the property of the trust created for the religious purpose. The plots mentioned in the list 4-A-1 are said to be the property of the deity Kalyanji Maharaj, situated in village Madhopura. The revenue records have been filed and the entries are shown to be in the name of the deity. Subsequently the efforts are shown to have been made to convert the property in the private names of opposite parties Udai Narain Chela Prabhu Dayal, Ramjiwan and Girjanandan. Sincethe property is shown to be that of deity and efforts have been made to privatise and take it by usurpation, under the aforesaid circumstances it appears quite justifiable to give permission under S. 92, C.P.C. This finding will not however prejudice the final disposal of the suit between the parties.ORDERApplication 3-A is hereby allowed. Prayer for permission to file the suit under S. 92, C.P.C. is granted.District Judge,Jhansi."